Legal Question in Criminal Law in Pennsylvania

Situation: I am tailgating at a sporting event, under 21, and consuming alcohol. An officer walks up and asks if I am 21, to which I reply,

"Am I being detained? Or am I free to go?"

To which the officer replies, "You are being detained. Are you 21? Can you show some ID?"

My understanding is that PA does not have any "Stop-and-Identify" laws? This means that even if an officer detains me, I do not have to even provide my name, age, or an ID card of any sort. Without this information, an officer wouldn't be able to issue any citation or anything, no?


Asked on 9/09/11, 2:09 am

1 Answer from Attorneys
Joseph Hanyon MHK Attorneys

A police officer had the right to ask for ID if he has reasonable suspicion that criminal activity is afoot. If you look underage and you are drinking, an officer can ask for ID and/or make an arrest. If you do not submit your ID, a judge may choose to detain you until you identify yourself.

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Answered on 9/09/11, 8:03 am


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